1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Whether a subsequent appeal is lawful;

A. On June 11, 2015, the Plaintiff filed the instant lawsuit against the Defendant, and the first instance court served a duplicate of the complaint on “Seoul Eunpyeong-gu H”, the Defendant’s domicile as indicated in the written complaint, but returned due to the absence of closure, a copy of the complaint was served on the enforcement officer by requiring him/her to serve a special service at night. Accordingly, the notice of the reason for service is indicated as “the Defendant’s live-in female I received the duplicate of the complaint at the Defendant’s domicile at around 16:58, 2015.” (2) The first instance court sent the written notice of the pronouncement of a judgment without pleading to the Defendant at the above Defendant’s domicile, but sent it on September 30, 2015, and sent it on September 30, 2015 without being served due to the absence of closure. (30) The first instance court sentenced the judgment of the first instance court on October 30, 2015.

3) On November 23, 2015, the first instance court served the original of the judgment on the Defendant, but was not served due to the absence of documents, and served the original of the judgment by public notice, and on December 8, 2015, the service became effective on the Defendant. 4) On May 4, 2016, when the period for appeal expires, the Defendant filed an appeal for subsequent completion with the first instance court.

[Ground of recognition] Facts without dispute, Gap evidence 3-1, Gap evidence 5-1 to 3, the purport of the whole pleadings

B. 1) As long as the original copy of the judgment was served by public notice by the order of the presiding judge, even if it does not meet the requirements, the service becomes effective as a legal service, and the above judgment becomes final and conclusive formally due to the intention of the appeal period. The propriety of the appeal to the above judgment ought to be separately determined by whether the failure to observe the appeal period is due to a cause not attributable to the appellant (see, e.g., Supreme Court Decision 2001Da3039, Jul. 27, 2001). Article 173(1) of the Civil Procedure Act “reasons not attributable to the party” under Article 173(1) of the Civil Procedure Act means litigation by the party.